All Forum Posts by: Albert Johnson

It's just hard to prove that the tenant caused the issue, since as time passes the drain tends to accumulates as well. However, if it clogs again within 1-2 months then I believe it would be fair to charge the tenant.

The water may be backing up from another fixture that is not draining properly. The only way you're going to know about the cause one way or the other is to have a plumber inspect and troubleshoot. We have a clause in our lease that plumbing clogs not caused by mechanical/material defects in the plumbing will be charged to the tenant, and if your lease doesn't have similar I would recommend such a clause. If a tenant has a clog and calls, we remind them of this clause and then go ahead and call our plumber, who fixes it and reports back. Sometimes it's not the tenant's fault - tree roots, collapsed pipe, old materials from a previous tenant, etc. If it's a gray area, we usually cover the service call the first time. If there's a second call for the same issue we have the line camera'd to verify the line is in good shape and that it is clear going forward, and charge the tenant if the clog was their fault but do not charge if we discover a mechanical defect; we fix the defect. 

If you've recently had it unclogged and know it was fine when they moved in, yes.  But if there is a chance that the previous person could have done something and it just became dislodged and blocked it, no.  Go over and see if you can put liquid plumber or something in it to clear it....take a snake and plunger just in case.

This is a common tactic used by tenants that just want to move. It has to be handled in the proper way. We have never had a tenant that was able to produce any factual data that supports their concerns. We have a lease break fee that they can execute at any time, so, we guide them towards that. 

Everyone likes to talk about suing, but reality says that no one is going to sue anyone. Tenants don't have spare money sitting around, why would you think suing would do anything but cost you money and time? It is better to find a win/win as you cannot force them to stay.

Tenants never complained of a health issue. Now they are stating since moving here they developed severe allergies and other issues, and have been going to the ER quite often. They plan to vacate Dec 1st. Lease expires July 2025.

can we sue for remainder balance on lease?

I am surprised how concerned people are getting over mostly driving violations. 

Yes, it could be the signs of a certain personality defect, but it just as likely could be the sign of a young 20 something being "young n dumb" making poor choices. 

Odd's are he already lives there, that's just how these things go. So I would start by asking myself how long is left on her lease, how much I want to keep her or how happy I am to end this lease term and search for a new tenant. 

If it matters to any degree to retain this tenant, if listing for new tenant is a pain, I'd simply call this guy up, I'd be upfront and ask him about all this. I'd be direct, saying I don't put up with any BS, and I see a lot of BS on his record, recent BS, tell me about this, is this just you being you or are you turning a page realizing poor choices lead to poor results and a poor life. And weigh him by his response. 

Some people just don't have good mentors in there life, and/or need to learn through mistake. I assume he has some redeeming qualities is this women would have him in her life. I'd at least give him the opportunity to explain himself. 

Now keep in mind he at least did 1 correct thing, applied to be added to lease. Many never make that attempt, so there might be redemption there, maybe. 

Pretty much every time I talked myself into making a compromise on our minimum standards I regretted it later. This could be the exception, that proves me wrong, but I would not take the risk. Let her out of the lease so they can move in in his place.

Hi.  How long has she been a tenant?  When does her lease expire?  We've been down this road a few times.  Female tenant moves in.  Boyfriend soon appears and starts living there. They play this game because the guy has a criminal record so the woman applies for the apartment alone.  I don't care what my tenants do in their personal lives and they can have an occasional guest but when the "guest" is staying there on a regular basis, they are no longer just a guest.  Do you have language in your lease about guests and how long they can stay?  We also have a strict policy that anyone 18 or older living on the premises must be properly screened and approved.  How recent are the charges?  Although they may seem like only driving violations, it shows a pattern of disrespect for rules and responsibility.  ALL of the times we have given people the benefit of the doubt and overlooked similar things, it has come back to bite us.  Remember this is not personal, this is a business. 

Best advice:  Keep strict screening requirements and stick to them.  

Be prepared that if you tell her he does not qualify to live there, she will probably sneak him in anyway.  If you can prove he is living there (which can be difficult), you can then serve her with a notice to quit based on your state's laws.  If you can't prove it but he continues to live there, do not renew her lease.  They can always move into his apartment!  Wink wink!  

Good luck!